Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27885 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -MARKAHI District- KHAGARIA ====================================================== Kanchan Devi, Wife of Late Yogendra Prasad, Resident of village - Marar South, P.S.-Morkahi, District-Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate. For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends her arrest in Morkahi P. S. Case No. 18 of 2017 registered for the offences under Sections 147, 149, 341, 323, 447, 354, 379, 307, 504 and 506 of the Indian Penal Code.

As per the prosecution case, at the instigation of the petitioner, other named accused persons assaulted the son of the informant and others by means of iron rod inflicting injury to them.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and she has committed no offence. She has been falsely implicated in the case. There is a land dispute between the parties. The present case is a counter

Patna High Court Cr.Misc. No.27885 of 2017 (2) dt.21-06-2017 2/2 blast of Morkahi P.S. Case No. 17 of 2017 registered against the informant by other co-accused. The injuries sustained by the victims are simple in nature. The petitioner is not the assailant rather order giver and she is a lady.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Khagaria in connection with Morkahi P. S. Case No. 18 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prakash Chandra Jaiswal, J) Mishra/- U T